City Council - 23 April 2007 Minutes
WORK SESSION OF THE
MAYOR AND COUNCIL
PRESENT:
Mayor Lasseter, Councilmembers Kirouac, Mundrick, Dugan, Hall
City Administrator, Department Directors, City Attorney
ABSENT:
Councilmember Bomar
A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss and ask questions of department directors regarding this evening’s agenda items.
OTHER ITEMS DISCUSSED:
The Duluth Merchants Association fundraiser for the Living Memorial was discussed. Councilmember Hall requested that an invitation be extended for the dedication of the “Living Memorial” to Banks and Shane as well as to Bill Gentry, owner of Wild Bills.
Marketing and PR Director Alisa Williams to also ensure that the three designs created by the Georgia Tech Students as well as the designs received from the Hull Middle school students are displayed at all upcoming events.
Award of Bid for Irvindale sidewalks was discussed. Council requested further information before a decision could be made. This will be an agenda item for May 14th.
MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
7:00 P.M. - CALL TO ORDER: Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:
Counselor Marcia McWhorter
WELCOME RESIDENTS:
Chattawood/Rogers Mill
- CEREMONIAL MATTERS
- INVITATION – “OUT OF AFRICA” – MAY 12TH
Marcia McWhorter from New Beginnings Counseling Center invited the Mayor and Council to an “Out of Africa” Park event at W.P. Jones Park on May 12, 2007, from 10:00 a.m. to 4:00 p.m. This event is a church fundraiser to raise funds for a May mission trip to Kenya. The church provides medical, dental and counseling to an improvised area and an Aids orphanage. - OATH OF OFFICE – PARKS & RECREATION BOARD [Exhibit “A”]
Mayor Lasseter administered Oaths of Office to Wanda Bennewitz, appointed to the Parks & Recreation Advisory Board.
- INVITATION – “OUT OF AFRICA” – MAY 12TH
- CONSENT AGENDA
- APPROVAL OF APRIL 9, 2007 MINUTES
- RESOLUTION TO SUPPORT THE LIVABLE CENTERS INITIATIVE (LCI) PLANNING
GRANT
[Exhibit “B”]
Approval of this item ratifies the Council’s prior approval supporting a resolution which authorizes Bron Cleveland to apply for 2007 LCI funding (which requires a 50% match) for the Buford Highway Corridor Plan Project. The matching funds will be budgeted in the FY08 budget CIP- CD-56-08.
A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.
Those voting for: Council members Kirouac, Mundrick, Dugan, and Hall
Motion carried.
- PUBLIC HEARING
-
ORDINANCE OF REZONING MODIFICATION CASE Z#0217A-06
TND DEVELOPMENT RA-200 TO PUD TAX PARCEL 6-324-014
[Exhibit “C”]
Mayor Lasseter re-opened the public hearing from April 9, 2007 to consider an ordinance of rezoning modification.
Interim Planning Director Shelley Stiebling came forward to explain that this public hearing is to consider a request to modify an approved 20.66 acre PUD (Planned Unit Development) with the addition of a 0.56 acre tract adjacent to the existing PUD. The property was originally rezoned in February of 2006 under the rezoning case number Z# 217-05, from C-2 (General Business) to PUD (Planned Unit Development) to allow for a mixed use development of retail, office and residential uses. At that time staff requested the applicant attempt to purchase this 0.56 residentially-zoned property and incorporate this property into the PUD. The applicant noted the request and has purchased the property.
The major issues associated with the request are:
Modification of the previously approved Planned Unit Development ; and
Overall layout and design changes in commercial and residential sections; and Compatibility with surrounding area.
Ms. Stiebling said that the .056 acre property zoned RA-200 (Residential Agriculture) will be incorporated into the Planned Unit Development and will be developed with a 2,000 square foot building and 34 parking spaces. It will have access to Abbott’s Bridge Road from a public street as noted on the submitted site plan.
On the addition of this property into the existing Planned Unit Development and the overall rezoning request from RA-200 (Residential Agriculture) to Planned Unit Development (PUD), staff and the Planning Commission recommend approval based on the proposed site plan as submitted April 16, 2007.
Mayor Lasseter called for comments/questions from the Council, and asked the applicants to come forward to answer questions.
A representative for the applicant came forward and showed the current plan, and also noted proposed entrances and parking locations.
Several questions were raised concerning proposed usage of the additional property; at this time, a restaurant is the most likely use.
Mayor Lasseter called for comments from the public.
Joanne McKeon of Albion Farm Subdivision came forward requesting comments on how the City planned to deal with the additional traffic this proposal will create.
The applicant noted that a traffic study was done when the property was rezoned from C-1 to its current mixed use designation, which indicated that significantly less traffic would be generated by this use against the possibility of constructing 200,000 square feet of retail space. He also said that he had met with the State Department of Transportation (DOT) as well as with Gwinnett DOT and was told that the widening of Highway 120 was moved up on their priority listing and would most likely start within the next two years.
There being no further comments or questions, Mayor Lasseter closed the public hearing and called for a motion.
A motion was made by Councilmember Kirouac, seconded by Councilmember Mundrick, to approve the ordinance of rezoning modification for CASE Z#0217A-06 as presented.
Those voting for: Council members Kirouac, Mundrick, Dugan, and Hall
Motion carried. -
ORDINANCE OF REZONING MODIFICATION - PUD - CASE Z#0217-B-06
TND DEVELOPMENT PARCELS 6-324-002, 6-324-085, 6-324-215
[Exhibit “D”]
Mayor Lasseter re-opened the public hearing from April 9th to consider a request to modify an approved 20.66 acre PUD (Planned Unit Development) located at the intersection of Peachtree Industrial Boulevard and Abbott’s Bridge Road (Hwy 120).
Interim Planning Director Shelley Stiebling came forward and explained that property was rezoned in February of 2006 under case number Z# 217-05, from C-2 (General Business District) to PUD (Planned Unit Development) to allow for a mixed use development of retail, office and residential uses. The applicant is requesting a change in the layout of the retail and office space area of the PUD while incorporating an additional 0.56 acres of land to the PUD, for a new total of 21.22 acres. She showed the zoning map with location of property, explained that the major issues associated with the request are:
Addition of acreage to the PUD;
Layout and design changes in the residential section;
Proposed commercial/office parking less than the standard requirements;
Proposed commercial buildings reconfigured in size, uses and height; and
Compatibility with surrounding area
Ms. Stiebling displayed photos of the land as is, on which the infrastructure is currently under construction, as well as the site plan as approved in 2005. She noted that the new plans deal with changes to new acreage, approximately 2,000 sf retail/commercial building on this property, and said that the entrance area remains the same, but more parking is incorporated.
The proposed commercial space is now significantly more than office, with parking area below the required amount, but this is actually helpful when considering impervious surface, and not significant enough to affect the development.
Ms. Stiebling gave an overview of the main changes to the previously approved plans and reviewed number of buildings, building height, number and type of parking spaces, and access. She also noted that the townhome area was changed which dropped the density slightly from 4.5 to 4.38. Bowen Homes is the residential developer.
Ms. Stiebling noted that she would be reviewing only the conditions that have changed between the 2005 ordinance of rezoning to what is being incorporated today, as the rest of the conditions remain:
Waiver 1: Due to change in height between residential and commercial portion, usually required to have 150 foot buffer.
Residential #2: Increase height from 35-50 feet for commercial/office.
Residential #6: Staff recommended listing Bowen homes as the builder and to use the architectural elevations as submitted April 19, 2007.
Commercial: Add a condition to clarify the commercial portion stated square footage maximum of 84,184 which is approximately 1,900 sf more .
General #33: delete condition requiring a buffer for the abutting Kendrix property, since the property has now been added to this PUD.
General #42: Landscape architecture required to be denser along the buffer areas.
General #43: Lowered lighting height maximum to 14 feet.
Staff also recommends approval of the decrease in the parking requirements, as water quality management is a major environmental concern and the reduction of impervious surface, even this small amount, assists in that concern.
Councilmember Mundrick engaged discussion on the detention pond, and noted that the original plan had more appealing entrance; he would like to see additional landscaping for more curb appeal.
Tad Braswell of TND Development came forward, and said he would prefer a change to the General condition 42 to offer more variation in landscaping to provide more screening, and would ask that language be added to state “or a plan approved by the Planning Director.”
Councilmember Mundrick questioned the exterior of the commercial buildings, as he saw a notation that the materials are not complementary to proposed townhome units. Ms.Stiebling said that representatives from the North Point group were present and could best answer that.
Mr. Braswell explained that many of the changes came about because Bowen and North Point Group were selected afterward, and their market research was slightly different. He summarized the major changes and reasoning behind the changes from the original plan.
Carter Richardson of Bowen Family Homes came forward to discuss and answer questions concerning the residential development. He described the three different types of housing that are being built, said there are 93 residential units in total, and outlined the square footage, elevations and price point for each.
Larry Milder, Chief Operating Officer of North Point Group, came forward to discuss and answer questions concerning the changes in configuration of the commercial and retail development.
Questions were raised about building height and calculation of parking spaces, dumpster locations and adequate equipment, and proposed loading docks.
Maxine Garner of 3182 Crestview Drive raised questions about building height regarding topography and signage for businesses located in the back.
Scott Martin, HOA President for Abbott’s Point Subdivision, asked where the dumpsters and signage would be on the Highway 120 side, and questioned square footage, and percentage relationship between office/retail.
Jack Beecher, Vice President of the HOA for Abbott’s Point Subdivision, expressed concern regarding traffic and the number of parking spaces at approximately 600, and was concerned about accidents. He asked if they could restrict the flow of traffic.
Mr. Braswell mentioned that most of the items of concern were addressed in the original zoning, and added that this project would generate less traffic than what is was originally zoned for. With a mixed use environment, people can work there, live there, and walk to offices/retail which would diminish traffic. He also reiterated that they have worked closely with the Dept. of Transportation.
There being no further comments or questions, Mayor Lasseter closed the public hearing and called for a motion.
A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve the ordinance of rezoning modification for CASE Z#0217B-06 by adding verbiage to condition #42 “subject to review and approval of the Planning Director.”
Those voting for: Council members Kirouac, Mundrick, Dugan, and Hall
Motion carried.
-
ORDINANCE OF REZONING MODIFICATION CASE Z#0217A-06
- NEW BUSINESS
- AUTHORIZATION FOR LAND PURCHASE – 3206 OLD PEACHTREE ROAD -
6-293-041
The Mayor and Council considered approving the purchase of .38 of an acre located at 3206 Old Peachtree Road (Main Street) for $200,000. Property owner Lynn Jackson agreed to accept the current appraisal plus $10,000 conditioned upon a closing within 60 days. The Downtown Development Authority (DDA) was negotiating the sale of the property, but it appears it will be at least 90 days before that closing could take place. The City may purchase this property in its name and then transfer to the DDA for sale at a later date. The City Attorney and City Administrator are investigating financing options because some of these funds will need to go back into the bond fund account for the purchase of public property.
A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to authorize the City Attorney to draw up necessary paperwork for the purchase of property as presented, and further authorize the Mayor or City Administrator to execute the documents.
Those voting for: Council members Kirouac, Mundrick, Dugan, and Hall
Motion carried. - ORDINANCE TO AMEND THE DULUTH CODE – CODE ENFORCEMENT VIOLATIONS
[postponed]
The Mayor and Council will consider an ordinance to amend the property maintenance ordinance at the next regularly scheduled Council meeting on May 14th.
A motion was made by Councilmember Dugan, seconded by Councilmember Hall, to postpone the ordinance to amend the Duluth Code.
Those voting for: Council members Kirouac, Mundrick, Dugan, and Hall
Motion carried. - ORDINANCE TO AMEND THE DULUTH CODE – ALCOHOL BOARD APPOINTMENTS
[Exhibit “E”]
The Mayor and Council considered an ordinance to stagger the terms for Alcohol Review Board members and alternates.
A motion was made by Councilmember Kirouac, seconded by Councilmember Dugan to approve the ordinance to amend the Duluth Code as presented.
Those voting for: Council members Kirouac, Mundrick, Dugan, and Hall
Motion carried. - AMENDMENT TO INTER-GOVERNMENTAL AGREEMENT – DOWNTOWN DEVELOPMENT
AUTHORITY [postponed]
The Mayor and Council will consider an amendment to a previous agreement with the Downtown Development Authority regarding the property located on Main Street at the next regularly scheduled Council meeting on May 14th.
A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to postpone the amendment to the intergovernmental agreement.
Those voting for: Councilmember’s Kirouac, Mundrick, Dugan, and Hall
Motion carried.
- AUTHORIZATION FOR LAND PURCHASE – 3206 OLD PEACHTREE ROAD -
- MATTERS FROM CITIZENS
- UPDATE ON ROAD IMPROVEMENT
PROJECTS
Ms. Maxine Garner came forward requesting an update on the road improvements projects such as Ridgeway Connector, widening of Hill Street, Hwy 120 and the Hospital Connector.
City Administrator Phil McLemore came forward to respond. He said that the Highway 120 realignment has been delayed due to working with the railroad. Hill Street is tied to the development of the current City Hall block, which is still about a year away. SPLOST funds are earmarked for Hill Street as well. The engineering is nearly complete for the Hospital connector, after delays for a historical review. Mr. McLemore said he anticipated to start purchasing road rights-of-way this year. Improvements from Hill Street to Davenport may be the fastest moving since the City already owns the rights-of-way. Due to great public concern regarding the intersection of Hwy 120 at Peachtree Industrial Boulevard – one a County road and the other a State road – Duluth has submitted a request to extend the turn lane, and the Dept. of Transportation say they will work on that. - CODE ENFORCEMENT CONCERNS – BERWICK FARM DRIVE
Greg Stewart of 4234 Berwick Farm Drive came forward requesting help on a Code Enforcement issue that he and his neighbors in the Chattahoochee Landing Subdivision have been dealing with for over two years. Mr. Stewart presented pictures and documentation of over flowing dumpster, litter and other unsightly areas behind and in front of the shopping center located at 2895 Peachtree Industrial.
Council member Mundrick explained that the City Attorney was in the process of drafting an ordinance for Council consideration May 14th and would very much like to have Mr. Stewart’s comments on the proposed ordinance.
Brittney Vincente of 4229 Berwick Farm Drive came forward requesting help on enforcing the noise ordinance regarding the Digital Car Audio business located at 2895 Peachtree Industrial Blvd.
Staff was instructed to investigate these matters quickly.
Councilmember Mundrick also explained to Mr. Stewart and Ms. Vincente that the City Administrator holds quarterly homeowner association meetings, which are a good vehicle to address these types of issues and also offers networking opportunities with other neighborhoods.
(The next meeting will be at the Public Safety building on June 14.) - REQUEST FOR FUNDING - PARTNERSHIP GWINNETT
Nick Masino, Vice President of Economic Development for the Gwinnett Chamber of Commerce, came forward to request funding for Partnership Gwinnett. He explained that Partnership Gwinnett was formed by the Chamber to more actively pursue industry for the County. He further explained that with the Cities’ help, the Partnership Gwinnett strategy enhances their resources and capacity to compete for tomorrow’s jobs against peer communities from around the country. Duluth would receive some benefit if the Chamber is successful in strengthening the County economy with more industry. The fundraising effort for five years is projected at $2 million per year. The Chamber has allocated payments based on population for cities and the County.
Council approved and the City of Duluth FY08 budget will be presented inclusive of a $24,265 allocation for this project. - ALBION FARM NEIGHBORHOOD WATCH
Ms. Joanne McKeon requested that a police officer be present at their neighborhood picnic on May 19th in order to talk about a neighborhood watch program, and Deputy Chief Carney agreed.
- UPDATE ON ROAD IMPROVEMENT
PROJECTS
- ADJOURNMENT
- A motion was made by
Councilmember Mundrick, seconded by Councilmember Hall, to adjourn at
9:30 p.m.
All for. Motion carried unanimously.
- A motion was made by
Councilmember Mundrick, seconded by Councilmember Hall, to adjourn at
9:30 p.m.